Texas Information

 

Criminal Records Requirements for the State of Texas                                                                                                                                                

Name of Agency:    Texas Department of Public Safety
Address:

 

Website:   http://www.dps.texas.gov/administration/crime_records/pages/errorresolution.htm
Contact:  Ursula Cook
Position:   Manager
Phone Number:   512-424-2407
Email:   ursula.cook@dps.texas.gov

Procedure: 

- An individual must contact their local Sheriff’s Office to file a report that his/her identity has been used by

another person without their consent.

- Contact the local Sheriff's office, the report is listed with. Agency will only accept requests by the Sheriff and prosecuting attorney that determined the individual’s identity has been misused

-  A Declaration of Misuse of Identity is prepared and signed by the complainant, prosecutor, and Sheriff stating the individual making the report had his/her identity used fraudulently by another person without consent.

- Fingerprints, Declaration form with all required signatures.

Criminal History Error Resolution

Heightened security measures and the need to protect our nation's children, elderly and disabled have led to legislation enabling a dramatic increase in the use of criminal history information. Accordingly, accuracy of the criminal history record is vital to citizens being screened for employment, housing, work visas, voter registration and a host of other purposes.

The Error Resolution Unit (ER) is responsible for updating and evaluating possible errors in criminal history records. Potential errors are reported to ER by law enforcement, judicial agencies, as well as private citizens. If you need your criminal history record updated or corrected, you will need to supply certified documents to the Error Resolution Unit.

Misuse of identity occurs when your name or identifying information is falsely given by an arrested individual as their identifying information and requires a different resolution process than a criminal history error, visit that site for details. Individuals wishing to contact ER regarding a potential error may email error.resolution@dps.texas.gov

Errors Contained On 3rd Party Criminal History Website

While the DPS does not have the authority to require 3rd party criminal history websites to correct data contained on their sites, the Texas Business and Commerce Code does provide relief for individuals whose data is incorrectly posted by 3rd party providers.  Please refer to Chapter 109 of the Texas Business and Commerce Code to determine what relief is available and if that relief is available for your specific situation.

Additionally, Section 552.1425 of the Texas Government Code provides civil penalties for a 3rd party criminal history provider that does not remove data associated with an expunction or order of non-disclosure.

Law Enforcement Agency:  
Turn Around Time:   Depending on the county, the timeframe can vary. Approximately a month. 
Successful challenge:   Letter will be issued
Cost:   No cost